The Proceedings of the Old Bailey

 

618.   CHARLES CAIN was indicted for feloniously killing and slaying   Lewis Handford, upon the high seas, and within the jurisdiction of the Admiralty of England.

MESSRS. BODKIN and DOANE conducted the Prosecution.

  JOHN ASH . On the 1st of February, last year, I was cook on board the barque Kingston. I went on board at Liverpool—the prisoner was the captain—I knew the deceased Lewis Handford—he was the steward—the crew consisted of twenty or twenty-one—on the 2nd of March we sailed for the coast of Africa, and on the 17th of April we arrived at New  Calabar—on the 20th of May we were at the Island of Baracoon, in the

 Calabar River—that is about ten miles from the mouth of the river—the tide flows there—we carried about 300 tons—on the afternoon of the 20th of May, I observed the steward pumping some rum off—that was part of his duty—he came to me, and asked me to clean some candlesticks for him—he was going to get some tacks out of the cabin—he then left the deck, and went into the cabin—I afterwards heard the carpenter cry out for the Kroo boys to come to the cabin, and some of the native boys, who were also in the cabin, called out for them too—the Kroo boys are natives of the coast—full-grown men are called Kroo boys—I did not hear the captain say any other words at that time—the Kroo boys came out of the cabin, and at that time there were some other Kroo boys coming alongside in a canoe—there were three Kroo boys, four "pull-away boys," and the second mate—they came out of the canoe on to the deck.

Q. You have said the captain called for the Kroo boys to come, after that what did he do? was any thing said about the steward? A. Yes, he said, "Fetch this b—son of a b—on deck, out of the cabin; he has struck me in my own cabin"—three of the Kroo boys, named Walker, Gray, and "Bottle-o'-beer," then rushed into the cabin—I saw them fetch the steward out on deck, on to the starboard side, by the companion-door—the cabin is only two steps down from the deck—after the steward was brought out of the cabin, the captain came from the cabin—he followed the men on deck—he had a cat In his hand—a cat Is a stick with twelve tails attached to it—the stick is from eighteen inches to two feet in length, and about two-and-a-half-inches round—the tails are made of log-lines—it is a mere plain line made up very hard—the captain had one of these in his hand—I saw him strike the steward with the buttend of it on the head, and it knocked him down like a bullock—the captain then said, "Pay that black son of a b—, he has struck me in my cabin, he has catched me by the p—s and the throat, and tried to choke me"—he then said, "Lay on him, and kill him, a black son of a b—, kill him!"—the captain was addressing the Kroo boys, and the natives of the country, the boys who had been in the cabin—they had cats In their hands, and sticks and pieces of rope besides—pieces of lead-line, which it what they sound with.

Q. How came that in their hands? A. The captain ordered it to be cut up when they were flogging him—there were from twelve to eighteen flogging him at different times—he never rose from the deck after the captain knocked him down with the butt-end of the cat—they flogged him while he was down; and while they were flogging him on the deck the captain kicked him more than twenty times—he kicked him at his side, face, and head.

Q. Did the steward say any thing while this was going on? A. Yes, he said, "Oh Lord, I am a dead man," several times—that was while the flogging was going on—the captain came half-way forwards to me after that, and said, "Cook, you know something about this"—I said, "Captain Cain, I know nothing about it"—I told him I knew nothing about his and the steward's affairs—he then said to me, "Cook, you black son of a b—I I will shoot you."

Q. Was there any flogging after your hearing the steward cry out that he was a dead man? A. Yes—he was flogged till he was dead—the captain still remained kicking him—I did not hear the steward say any thing more—all I heard him say was, "Oh Lord, I am a dead man"—he said that three

or four times—I remained close to where the flogging was, standing on the starboard side, aft—the steward was dressed in a striped shirt, a flannel singlet, and a pair of trowsers, but the captain ordered the shirt and singlet to be torn off after the flogging had continued some time—they were partly torn off, and he said, "Never mind the son of a b—; kill the black son of a b—; flog him"—I am a native of the West Indies—the steward was an American born.

COURT. Q. In what state was he when they left off flogging; do you mean that the flogging continued till he was dead? A. Yes.

Cross-examined by MR. ATTORNEY-GENERAL. Q. And the captain standing by all the time, was he? A. Yes—he stood there from the time became on deck till the steward died, omitting once, when he came half forward, and said he would shoot me—he never went below till the steward was dead—that I am sure of.

Q. Had any complaint been made against you before the 20th of May? A. Yes, and I had been flogged—that was on the 2nd of May—it was on a charge that I was going to run away with the ship's boat—the steward and me were the only black men on board the ship, the only ones that sailed from Liverpool, but at  Calabar several other black men joined in working the ship—I had no dispute with the captain after this respecting my wages—none whatever—I assisted a boy, named Lees, to do the steward's duty after the steward's death—I made no demand for that—I never made any demand for more wages than I had first agreed for.

Q. How long had the captain arrived at Liverpool before you made this charge against him? A. A fortnight I believe, or three weeks—I cannot say whether he was on board every day after the ship arrived there—I was not on board the ship but twice, and he was not to be found then—I knew where the owners resided—they are Messrs. Stevens and Horsfall—I knew where they were—I tried to find the captain after his arrival on the 2nd of January—I inquired at the office, and could not find him,—he was not to be found for two or three weeks after the ship's arrival—I made a complaint against him to the owners, Messrs. Stevens and Horsfall, on the 2nd of January—we arrived on the 1st of January, and I made a complaint to them the next day, and then looked out for the captain, but could not find him for three weeks.

Q. What was the length of time, according to your judgment, between the steward going down below to look after the tacks and the time he was brought on deck? A. From five to ten minutes—I did not hear any scuffle in the cabin when the captain came on deck—I observed a wound on his head—it was not bleeding much, not worth speaking of—it was bleeding—it was on the back part of his head—I did not observe any marks of fingers on his throat—I did not observe his throat, to see whether there were or not—he did not seem exhausted—he seemed very passionate—he seemed very fresh, as far as I could see.

COURT. Q. Do you mean he did not appear to you as if he had been ill-used; do you mean that? A. Yes.

MR. ATTORNEY GENERAL. Q. Were either of the Kroo men called Walker? A. Yes—he was one that flogged first—him and Gray—both of them laid on at once, and "Bottle-o'-beer" at the same time.

Q. Was there a boy at  Calabar called Dogaboo? A. Yes—I saw him flogging the steward about the eyes—the captain was on deck at that time.

COURT. Q. Do you mean that the captain was present, and must have seen Dogaboo flog him about the eyes? A. Yes.

MR. ATTORNEY GENERAL. Q. Was there a boy who went by the name of Three-fingered Jack? A. Yes; and he had a stick, beating him—it was a heavy stick—I cannot say whether he gave the steward severe blows with it, but he was beating him all the time, every chance he could get at him—I cannot say where he hit him, but I saw him beating him.

COURT. Q. Do you mean the captain saw him do that? A. He was standing kicking him at the time—he was so near that he must have seen him.

MR. ATTORNEY GENERAL. Q. Will you swear that the captain had not gone below, before Three-fingered Jack struck the steward with the stick? A. He was striking him all the time—I never saw him go below till the man was dead—he did not go below—Three-fingered Jack struck the steward from the beginning, as often as he had a chance—the flogging continued three quarters of an hour, till he died—Three-fingered Jack had the stick, and was beating him with it all that time, whenever he had a chance.

Q. Were you not examined on this subject, when you were on board the ship? A. Yes—she was lying in the  Calabar river at the time—Captain Hemmingway and Captain Dawson came on board at the time, and I was examined before them—there was no promise or persuasion made to me then, with respect to the account I was to give of it—there was no threat held out to me—I was desired to speak the truth—the account I then gave was taken down in writing, and read over to me, and I signed it—this is the paper—(looking at one.)

COURT. Q. Was Captain Cain present when you were-examined? A. He was walking backwards and forwards in his own cabin—I was examined in the main cabin—there are two cabins.

MR. ATTORNEY GENERAL. Q. What sort of shoes did the captain wear? A. They were strong shoes—the natives do not wear any shoes in that climate—the captain generally wore strong shoes—I cannot say whether he wore strong shoes that day or not, but he had shoes on—he generally wore strong shoes on the coast of Africa, when going on shore, and when he was on board, at times, unless he had on his slippers in the morning, when he first got up—generally speaking, he wore strong shoes on the coast of Africa.

Q. Have you ever said that the steward was not punished except in an ordinary way? A. Yes.

MR. BODKIN. Q. Was that taken down in writing? A. Yes.

MR. ATTORNEY GENERAL. Q. Have you not often said that he was punished in an ordinary way? A. No, not often—only once.

Q. When Captains Hemmingway and Dawson examined you, hady on not an opportunity of stating what you pleased respecting the transaction A. No, I had not, because I was in danger of my life from Captain Cain and the Kroo boys—the examination was better than a week after the steward's death, but I cannot exactly say how long—it might be a month—there had been no disturbance on board after the steward's death—no threat was held out to me.

COURT. Q. Why were you afraid then of stating this, if they had not threatened you, and there had been no disturbance? A. I was threatened before this—before the flogging—I was put in double irons, and chains round my neck, with a padlock to my neck, and was kept on deck all

night in the rain—that was on the 2nd of May—this happened on the 20th.

MR. DOANE. Q. Was that the reason why you were afraid to give the account? A. Yes—some of the crew made the charge at Liverpool before me—they made the charge the second day—I was examined before the Magistrate at Liverpool on Saturday week, this day fortnight—the only time that I said the steward was punished in an ordinary way was, then what I said was taken in writing by the two captains—they were the captains of two vessels which were lying near us at the time this took place—they were about a hundred or a hundred and fifty yards off us at the time—it might be a month after it happened that that inquiry was made by the captains—there were only those two vessels near as—they laid inside the harbour.

  EDWARD JONES . I was shipped on board the barque Kingston—I remember the steward being flogged on Saturday afternoon, the 20th of May—I was cooper on board—the Haywood and the Ann were lying near the Kingston at the time—they are trading vessels—they were lying not above half a mile off, and there was the Snowden further off—Mr. Grant was captain of the Haywood, and Mr. Holme of the other—the Snowden was a barque—she had two or three captains on board, but her sailing captain was named Wylie—she was a good way up the river—there was no ship of war that I saw up the river, or at the bar—on the afternoon in question I saw the steward on deck—he passed me several times with water—he came to me for some tacks—I was on the starboard side—I did not give him any tacks—I did not sec him go into the cabin—I do not know what became of him after I told him I could not give him any tacks—about a quarter of an hour after he left me I heard a cry out from the cabin—I did not know whose voice it was till the captain came on deck—that was the first I heard, but I heard a noise in the cabin—it was a scuffling noise, as if the cabin was all in an uproar—I was seven or eight yards from the cabin, in the fore part—I did not see the captain come out of the door, but I saw him directly he came on deck—there was only me and the cook on deck at that part—I cannot say who was standing near the cabin door or steps when I saw the captain there—there was no white man there.

Q. What did the captain say when he came out? A. He said, "The black son of a b—laid hold of me by the * * * * in my own cabin"—I saw the steward dragged out of the cabin by three or four Kroo men—Walker, Gray, and Bottle-o'-beer, and as soon as the steward entered on deck, the captain knocked him down with the handle of the cat.

COURT. Q. Did you observe the captain's head when he came out of the cabin? A. Yes—he had a cut on his head, and it was bleeding.

MR. BODKIN. Q. Where did the captain hit the steward when he knocked him down? A. On the head—he had no hat or covering on his head—the handle of the cat was about the thickness of a man's wrist, about three inches in the round, and fifteen or eighteen inches long—the handle tapered off towards the end—I could not see which end he struck him with—after the steward was knocked down on the deck, the captain called for the carpenter, who happened to be forward, and he did not come, and the captain gave the cat to Walker, one of the black men—there were two more cats—I cannot say where they got them from, they got them so quick, and two more Kroo-boys began to flog him—I suppose the captain ordered them—he was standing by—he walked in a raging way, and gave the steward

several kicks—that was after the flogging had began; and then they got the lead-line out—I saw him kick him three or four different times about the head and neck—the captain ordered the lead-line to be got, and there were three pieces cut off it—they might be about three or four feet long—they were given to the natives of  Calabar, not the Kroo boys, but other black men—Mr. Carr, the second mate, gave them to them—the captain was there, and ordered him to do so—he was walking about, and said, "Kill him out, kill him out, hit him about the head, kill the black b—out"

Q. Did you see any thing done to the dress of the steward? A. Yes, the captain ordered his shirt to be taken off, and it was taken off—the flogging continued after that—the steward never got up again—the black men's arms ran down with perspiration, with flogging him—he was quite dead when the flogging was over, and the carpenter put the handcuffs on—the carpenter was not there at first—he came when they commenced flogging him, and staid there all along—he put them on after he was dead—the captain ordered him to do so, and to put him down below—the carpenter put them on—he went and told the captain that he was dead—he then said, "Take them off."

COURT. Q. Could not the captain have seen whether he was dead, without being told? A. He never looked.

MR. BODKIN. Q. Where was the captain standing at the time the carpenter told him the man was dead? A. Just at the cabin-door—the steward was about four or five yards off, I believe—there are but two steps from the deck to the cabin—a person in the cabin could see what was going on on deck, on the starboard-side, the side the flogging took place—I saw the steward's body that night, and again next morning, when he was buried—I helped to put him in—we did not see his back—his body was not cut, but it was a complete swell as if it was all masticated—all about his body was completely swollen up—a complete mass of mash and blood—his face was completely swollen, and his eyes were kicked in.

COURT. Q. Do you mean as if it had been kicked? A. Yes—as if it had been kicked and knocked with ropes together—I could not understand what the steward said while he was being flogged—I do not hear very quickly.

Cross-examined by MR. ATTORNEY-GENERAL. Q. Are you hard of hearing? A. Yes—I was standing seven or eight yards off—sometimes I was nearer—I could hear what the captain said, but not what the steward said—the captain seemed in a terrible rage when he came on deck—he seemed hurt, and in a very exhausted way—he seemed to be out of breath—his head was bleeding, but I did not notice it bleeding much—there was a good-sized plaster on it the next day—I cannot tell how long he wore the plaster—I saw it on for a fortnight or more—I heard the scuffle down below in the cabin—I did not observe any marks on the captain's throat—he walked backwards and forwards, and I did not take that notice—the captain remained on deck from the time he came on deck till the steward died—I am positive he never went into the cabin—I do not know a Calabar-boy named Three-fingered Jack—there were some  Calabar-boys on board with sticks.

COURT. Q. What sort of sticks were they? A. Canes—they were not big enough to do any mischief—not like English sticks at all—I saw them standing round with their sticks.

MR. ATTORNEY-GENERAL. Q. You did not see a  Calabar-boy who went

by the name of Three-fingered Jack? A. No, nor any one that had a stick larger than the others—I did not hear the steward ask for a glass of water.

Q. Did you see him sit up at any time after the flogging was over? A. He was sometimes half sitting—he never sat up—the handle of the cat was three inches thick in the round, and it might taper off to about an inch and a half—I did not observe what kind of shoes the captain wore—when he did not go ashore he used to have nothing but slippers—he wore slippers on board—sometimes they were made of morocco—they were light slippers—the steward died during the flogging—any person who was looking on might perceive that he was dead—I perceived it—I saw him stretch himself out, and the captain was looking on—he was walking backward and forward—he must have seen it.

COURT. Q. You said something about stretching out? A. Yes; he stretched out, and never moved after, and he was flogged after that.

MR. ATTORNEY-GENERAL. Q. After it was clear and evident that he was dead, they continued flogging him? A. Yes, the captain being by—after it was clear that he was dead, the captain ordered him to be put in irons—they might give him a dozen lashes or so after he was dead—I could not see any movement whatever after he was dead—it was after that he was ordered to be put in irons—I was examined on this subject before Captains Hemmingway and Dawson.

Q. Were you not on that occasion desired to speak the truth? A. No; they told us to say what we knew concerning it—they did not hold out any promise, or make any threat—what I said was taken down in writing, and read over to me, and I signed it—this is the paper, with my signature to it—(looking at it.)

MR. BODKIN. Q. You saw the man stretch himself out, was it from that you concluded he was dead? A. He had not the least appearance of life in him after that—he stretched himself out as if he was dead, laying himself out—the captain was just on the larboard side, sitting down at the time—whether he saw it I cannot say—it was rather dark then.

COURT. Q. Then the captain was not in a situation to see him at that moment? A. No—I cannot say whether he was.

MR. BODKIN. Q. You say the captain generally wore light slippers unless he went ashore? A. Unless he went ashore, or on board some other vessel—if he had been ashore or on board any other vessel that morning it must have been very early—he had not been since eleven o'clock, for he had been on board—as far as I know, he had not been ashore at all—I cannot say whether he had light slippers or light shoes on during the flogging.

COURT. Q. At what time did the flogging take place? Between three and four o'clock in the afternoon, it might be,

MR. BODKIN. Q. At what time were you examined before the two captains, at night or day? A. At night, and I was half asleep—I was called out of my hammock—it was from ten to twelve o'clock at night—I was examined in the captain's private cabin—there are two cabins, a fore cabin and a main cabin—I was examined in the private cabin, where the captain slept—the captain was walking about in the main cabin at that time—they are both on one deck—he was in one cabin, and I was being examined in the other, but the door was open—they both join each other—the captain could hear all that took place in the course of the examination—I knew he was there when I was examined.

Q. At the time you were-examined were you under any fear? A. Yes—I was afraid of telling the truth on board the ship, because I had to come home in the ship—I had not had any quarrel with the captain—there was no quarrel between the captain and any of the people in the voyage home, only just what might be on board a ship—nothing to notice.

  WILLIAM DODD . I was cooper on board this vessel. I remember on the 20th of May being at  Calabar—between five and six o'clock in the evening of that day I heard a great noise in the cabin—after hearing that noise I saw Captain Cain come out of the cabin, and three Kroo boys—when he came out, the three Kroo boys brought out the steward—the captain had a cat in his hand, and when they got the steward out, the captain struck him on the head—I cannot say exactly where he struck him with the stump of the cat—he knocked him down, and he never rose again—the captain said, "He is a black b—to take me by the throat and * * * *, and throw me down in my cabin;" and "I will have your life this night"—the captain hit him several lashes himself with the tails of the cat—he then called to Mr. Carr, the second mate, to make some cats for the three Kroo men, Gray, Walker, and Bottle-o'-Beer—the mate made them, and they were given to the Kroo men—he cut them off the log-line—Captain Cain then ordered them to commence flogging him—they had not been flogging him before that—they did then flog him, the steward being down—the captain was by at the time—they were flogging him all the time, from beginning to end, until his death.

Q. Did the captain himself do any thing? A. He kicked him every time he got a chance, about the head and neck mostly—the steward had his shirt on—it was ordered by Captain Cain to be pulled off, and it was pulled off his back—after the shirt was off he told them to go on flogging—the steward said, "Lord, save me, I am a dead man"—the captain was on deck at the time he said that, and after he said it, the captain said, "You black b—, I will have your life this night."

COURT. Q. Then, according to your account, he used that expression more than once? A. Yes, many times.

MR. DOANE. Q. Did you hear the steward say any thing else? A. Yes, he said, "Lord, save my eyes"—there was a boy named Dogaboo, and every time he could get a chance to cut the steward, he was trying to cut him in the eye—the captain was by at the time—every time he called out.

COURT. Q. Do you mean the captain must have seen Dogaboo trying to cut him in the eye? A. He could not help seeing him, he cut him so often.

MR. DOANE. Q. Then he was cut in the eye? A. Yes—the captain did not say any thing when the steward said, "Lord, save my eye," to my knowledge—the flogging went on—I remained there till he died—the flogging went on till he died.

COURT. Q. Did you see him at the moment you judge he died? A. Yes—he turned himself on his face, and stretched his arms and legs to the greatest extent, and they still flogged him on his back—the captain must have seen that—he was there at the time—I observed his face and neck in the morning after—the neck and head was all in a jelly, and all of a thickness nearly—his eyes were closed—he was cut terribly about the eyes.

Q. Did the eyes project, or were they knocked in? A. They were rather out a little—they were not knocked into his head—I returned to

Liverpool with the vessel, and attended during her discharge, and did not see the captain on board then.

Q. When did you see him first on board the vessel, when she arrived? A. On Friday, the 19th of January—(she arrived on the 1st, and during those eighteen days I did not see the captain on board)—I went on a stage which a cask had been landed from, and I said, "Captain Cain, how are you, I hope you will shake hands with me now?"—he was taking off his glove to shake hands—I said, "Captain Cain, you must come now, for that man's life"—I called two policemen, and gave him into custody—the ships to which Captains Hemmingway and Dawson belonged were at  Calabar before we were—we were in the river before the William brig—Dawson was the captain of that—the name of Hemmingway's vessel is the Snowden barque—they were not lying near the Kingston—they were lying higher up—the Haywood and the Ann were the nearest vessels—they were both nearer than the other vessels.

Cross-examined by MR. ATTORNEY-GENERAL. Q. Where were the Ann and Haywood In June? A. In the river—I cannot say whether higher or lower than us—the Haywood had moved from the place where it was on the 20th of June—I do not think the Ann bad—when it was found that the man was dead, I was sent to the Ann for the doctor—that was after he was dead—he died under the lash—they continued to lash him for a few minutes after he was dead, and after he was dead, Captain Cain ordered him to be put in irons, when anybody might have seen that he was dead—there was no movement whatever in him—it was plain he was dead—the captain seemed quite in a passion when he came on deck—he seemed much exhausted—the blood on his head was very-trifling, not a great deal—it was running down his neck—there was a good deal of it—I cannot say exactly how much—it was not such a very great deal—I had heard a scuffle in the cabin—it might last five or six minutes—the steward was a strong, well-made man, remarkably stout—I believe the captain got his wound dressed the same night, but I did not see it dressed—the captain did not go down into the cabin to have his wound dressed before the steward was dead.

Q. Do you recollect being examined before Captains Hemmingway and Dawson? A. Yes—they desired me to tell what I knew about the transaction—they did not offer any reward, or throw out any threat about my speaking the truth, but I durst not tell the truth because the captain was a cruel man to others, and I thought he would be the same to me—he had never hurt me nor struck me either before nor after.

Q. Do you mean to say that the captain absconded on his arrival at Liverpool? A. There was a boat came alongside, and he engaged it, and just as we got round the Dock he got into it, and before the ship came to anchor he left it—it was then in charge of the pilot.

Q. Is it not usual for a captain to go ashore to meet his owners as soon as he arrives? A. I have seen them go before—it is usual for captains to remain in the ship to see her discharged, and to attend the vessel during her discharge.

Q. Is not that the duty of the chief-mate? A. It is the duty of both—I have seen them both do it—it is not the captain's place to attend the delivery of cargo.

COURT. Q. Did you not say he never came on board from the time he

left her, before she came to anchor, till the 19th? A. If he was on board I never saw him.

MR. ATTORNEY-GENERAL. Q. On the 20th you went before the Police-Magistrate at Liverpool? A. Yes—I remember immediately after going before the Magistrate being in company with Gove, the boatswain—a man named John Jones was not there to my knowledge—I do not know a man named John Jones—I was in company with the boatswain at the spirit vaults in Exchange-street—Gove and I were-examined before the Magistrate separately—I do not know whether we were at the spirit vaults after we had been examined—I did not say to the boatswain, "What did you say on your examination?" not to my knowledge.

Q. Did the boatswain reply to you that he had said that the captain flogged the steward on such a day? A. He told me he knew he had flogged him on a certain day—I do not recollect saying that I had said the very same—I recollect the boatswain did say that to me.

Q. Did you not say, "I said the very same, and we must both speak alike?" and that you would go any length, any distance, and at any price, to hang the b—b—? A. No, I did not—I said I would go before any Court of Justice to tell the truth upon him—that is all I said—I did not say I would hang him at any price—when I was examined before Captain Hemmingway and Dawson, what I said was taken down in writing, read over to me, and I signed it—this is ray signature—(looking at it)— they desired me to tell all I knew about it.

MR. DOANE. Q. How long have you been engaged on board vessels? A. I went first to sea ten years ago last January—I have never had any quarrel with the captain—I have been with the prisoner ten months this voyage, and never had any quarrel with him—the captains did not threaten me with any thing when I signed that paper, but I was afraid if I told all I knew about his kicking him, that he would do something bad to me.

  WILLIAM GOVE . I was boatswain on board the Kingston. I remember the evening the steward was flogged—I first saw the Kroo-boys drag him out of the cabin, by the captain's order, and bring him on deck—the captain was there at the time—I did not see him do any thing before the flogging commenced—I was by the larboard fore-rigging, on the opposite side of the vessel—I did not notice whether the captain had any thing in his hand—the steward was out of the cabin, and on deck, when my attention was first called to him—he was down on the deck when I first saw him—I heard the captain order the Kroo boys to flog him, which they did with cats, lead-line, and rope's ends—I saw the captain kick him constantly with his feet, any where, where he could get handiest at him, and at the same time that they were flogging him.

COURT. Q. How often did the captain kick him? A. I cannot say how often—I saw it more than twice—I should say three times, but I cannot say he kicked him constantly; whenever he could get a chance—I should say he kicked him four or five times—I do not know where.

MR. BODKIN. Q. Were the men that were flogging him about the man at the time? A. Yes—I could not see in what part the captain kicked him—I cannot tell what shoes the captain had on—he used to wear slippers at one time, and shoes at another—he had not left the ship that day, to my knowledge—while the flogging was going on, I heard the steward beg for mercy—he said, "Forgive me this time, captain, and I shan't fall into any

fruit again," or words to that effect—I cannot exactly mention the words, as there was such an uproar in the ship—I suppose they had been flogging him twenty minutes, when he said that—the captain said, "Flog the black b—, I will have his life"—I did not hear the steward say any thing else—the flogging continued until he died—the captain was there till he died—I saw there was no life in him—he was not moving, and the captain ordered irons to be put on by the carpenter—the carpenter said it was no use putting irons on a man that was dead—the captain said, "Never mind the irons; heave a bucket of water over him, and see if there is any life in him"—the steward's shirt and singlet were taken off, after they had flogged him a little while—that was by the captain's orders, I suppose—the doctor was sent for after the steward's death—what passed about the irons was after the flogging had ceased—no white man assisted in the flogging—we were all white except the steward and cook, and the Kroo men—they did not belong to the vessel—they did not come from England—I never had any quarrel with the captain in my life—I have been following a seaman's life twenty-eight years—I never sailed with him before.

Cross-examined by MR. ATTORNEY GENERAL. Q. Had you had words with the captain before the steward's death? A. No—not further than sometimes he might find fault with me—he had found fault with me before the steward's death, of course, and after—I never was flogged—I had been very ill of a fever for a fortnight before the 20th of May—I was not confined to my hammock at the time of the steward's death—I returned to my duty on Tuesday.

Q. Have you ever said you were confined to your hammock? A. We have said several things—we could not exactly tell the truth before we came before the Justice in England—we were not allowed to tell truth, for fear of our lives—I was sick at the time.

Q. Have you not said you were sick at the time of the flogging? A. Not at the present time I have not—I may have said I was in the hammock occasionally, but not at the time of the flogging—I will not swear it, because I might have said so, but I was not in my hammock, and I can bring proof I was not—I may have said I was—if I had been in my hammock, I could have seen the manner in which the steward was flogged.

COURT. Q. Do you mean, if you had been in your hammock, you could have seen it from your hammock? A. I could.

MR. ATTORNEY-GENERAL. Q. You could have seen all you describe? A. I could, and hear all I have said, if I had been in the hammock, for the hammocks are all on deck—I am certain I was not in the hammock—the doctor from the Ann came to see me, but not on the day the steward was flogged—there was no doctor belonging to the Kingston—the doctor of the Ann did not pay me a visit on the day the steward was flogged—I have never said so—I recollect the day on which I was examined before the Magistrate at Liverpool—I saw Dodd on that day, in Court, before the Magistrate, and out of Court also—I was not in his company after I had been examined, further than having a glass of ale with him, after I had come out of Court—Edward Jones was there—I do not know a man named John Jones, a builder of Liverpool.

Q. Were you at the spirit-vaults, at the George Inn? A. I do not know whether it was the George Inn or not—it was a spirit-vaults, close by the Exchange—Dodd was along with me—I had no conversation with Doddespecting the evidence I had given before the Magistrate—I did not

know what he said before the Magistrate, and he did not know what I said—I do not recollect his asking me what I said on my examination—I will swear I have no recollection of it—I cannot swear he did not ask me, because I do not recollect his asking me about the Magistrate at all—I did not tell him what I said to the Magistrate—I did not say any thing to him about the evidence I gave before the Magistrate—he did not say, "We must both speak alike"—he did not say to me that he would go any length and distance, and at any price, to hang the b—b—not in my hearing—I have heard him say he would go before any Court of Justice to tell the truth—I do not know how he came to say it—we frequently talked about Captain Cain—I had not been trying to recollect the evidence I and Dodd had given before the Magistrate—I do not know such a person as John Jones—I should not know him if I were to see him—he did not invite me into a public-house—I do not recollect what I drank there—I think it was a glass of ale, or spirits—I remained in the public-house about ten minutes—I did not converse during that time at all with Dodd respecting the evidence I or Dodd was to give before the Magistrate—I was examined before Captains Hemmingway and Dawson.

Q. Did they not desire you to tell all you possibly could about this transaction? A. We told all we possibly could, but we were not sworn to tell all we knew—they told us to tell all we knew—what I said was taken down in writing, and read over to me, and I signed it—this is my signature—(looking at it.)

MR. BODKIN. Q. You say you were not in your hammock when this happened? A. No—I may have said I was in my hammock, but I was not—I cannot say when I said it—it may have been when I was examined before the captains—it might have been at that time, but when I was examined by them I was sick of a fever, and was called out of my cabin to be examined—I did not tell the captains I was in my hammock, to my recollection—I think it was about mid-day that I was called out of my hammock to be examined—I was examined in the cabin—the captain was not there—he was walking in and out occasionally—he was not there constantly—I was under fear at the time I was examined—I was afraid of being threatened with a flogging, as I have been before.

COURT. Q. Do you mean you had been threatened before to be flogged? A. Yes, by the captain, both before and after the steward was flogged.

Q. Are we to understand you that the fear of being flogged induced you to say what was not true concerning the transaction? A. Yes.

MR. BODKIN. Q. When the vessel arrived at Liverpool, did you remain on board? A. No—I do not remember, after being examined before the Magistrates, any one asking me to go into a liquor-shop—(John Jones was here called in)—I recollect seeing that person at Liverpool—I saw him in the open Court, and saw him down stairs—I recollect being in a liquor-shop—I saw him there along with many others—he asked me to go to a public-house to drink a glass of ale—I did not know him before—he was quite a stranger—what he said to me was, that he had a boy on the coast of Africa, and he felt much interested in it, and asked if I knew the ship—I said I did not; he then asked me to go and take a glass of ale—I do not remember whether it was before or after I was examined before the Magistrate—I still say I never had any conversation with Dodd about the evidence I have given—I do not remember whether it was in that liquor-shop that Dodd said he would go before any Court to speak the

truth, but he has said so—we were not longer in the spirit-shop than while drinking a glass of ale, and coming out.

Q. Do you know whether Can, the second mate, is since dead? A. Yes; he died after the flogging, on the 26th of May, I think.

  JACOB WITT . I am a native of Russia. I was carpenter on board the Kingston—I remember the day the steward was flogged—I first saw him as they dragged him out of the cabin—I saw him down on the deck—the captain came after him—I did not hear him say any thing at that time—I afterwards heard him say, "Flog him; the black son of a b—caught me in my * * * in my cabin"—I saw the Kroo men flog him—there were four stout men, besides small boys—he had his shirt and trowsers on—the black men pulled off his shirt—the captain ordered them to do that—they flogged him after that, all of them, and the captain kicked him with his foot in the side—I saw him do so more than twice—once in the side, and somewhere in the head, at the same time, as the men were flogging him—I heard the steward say, "Captain, forgive me this time"—the captain was there, so as to hear that—the captain sang out, "Kill, kill the black son of a b—; flog him dead"—they struck him over his head and breast, and wherever they could get at him—they flogged him for between half an hour and three quarters—he then called me to put the man in irons—after they had flogged him that time, the captain ordered me to take the irons and put them on—I lifted both his hands up, and they were quite stiff and cold—I fastened the hands with an iron, and went and told the captain that the man was dead—he was near the cabin door, and the nan was lying about eight feet from the cabin door—when I told the captain the man was dead he said, "Never mind the irons on the feet"—he did not say any thing else to me then he—ordered water to be heaved on him by some of the black men—he told them to* heave water on him to enliven him—the captain had been on deck all the time of the flogging.

cross-examined by MR. ADOLPHUS. Q. Did you see the steward go into the cabin before any thing had happened? A. No, I was too far off—I did not hear any thing going on—I was forward, and could not hear—the captain came on deck after the steward, and called him a black son of a b—the steward was out of the cabin first, and the captain made the observation, and said what he had done—the steward did not answer—one side of the captain's head was bleeding, and the blood was running down—the captain ordered them to flog him—he was down on the deck when the people were flogging him—some were holding him, and some were flogging him—he turned on one side, then the captain kicked him, and then he turned on the other side—(I shipped in England—I cannot tell how many white men there were on board—I did not count them altogether—they were all white men except the steward and the cook)—I did not tee the captain go down to get his head attended to, when the blood was running—I was close to the steward the whole time he was being flogged—I saw and heard all that happened—Dogaboo was not a Kroo boy—I cannot tell whether he was a  Calabar—I cannot tell whether he was in the ship all the time we were getting out the cargo, and getting in another—he is not a Kroo man.

Q. Was there another man of colour, called Three-fingered-Jack, on board? A. I never heard that name—I was on board when the two captains came from the other ships—I was brought before them to be examined—they were on board all day, till late at night, examining some of us

—I do not know about the time, as I was sick—I think I was examined in the forenoon—I was desired by the captains to state the truth of what I knew of the matter—they made me no promise or threat—nobody threatened or promised me any thing, but I was very sick and could hardly speak—(looking at a paper)—this is my handwriting—this is the paper I signed—I was told to tell the truth—I was very sick, I spoke as much as I could, but I was frightened of speaking more, knowing he could use me bad in coming the voyage home—I do not know who the captains were that examined me—they were two gentlemen.

(MR. ATTORNEY-GENERAL addressed the Court and Jury on the prisoner's behalf and called the following witnesses.)

  JOHN JONES . I am a joiner and builder, and live at Liverpool. On the 20th of last month I saw the witnesses, Dodd, and Gove the boatswain, there, under the archway of the Police Court—I had heard Captain Cain was to have an examination that day, concerning something that occurred in the African trade—I have a son in that trade—I was coming by on my own business, and seeing these two men, I turned in, and said to them, "Is Captain Cain's examination over?"—I had seen the boatswain before, and have occasionally met Captain Cain—two or three times within three years—Dodd said they had just been giving evidence against the b—b——I asked them some questions about the Bonnington, which is the vessel my son is in—Dodd said he should like a glass of grog, but he had no money—I said I would treat them as they said they had no money, and I went with them to a public-house and treated them—I heard Dodd say to Gove, "What did you say in your evidence?"—Gove answered that he had said that the captain had flogged the steward on the day mentioned—they agreed on the dates—one of them replied, "I said the very same"—the other observed, "We must both speak alike, I would go any length, any distance, and at any price, to hang the b—b—," and he knocked his hands down at the time—they quite agreed in that observation—the cook repeated the words twice, that he would hang him at any price.

MR. BODKIN. Q. Your son is apprenticed to the African trade? A. Yes, on board the Bonnington—she is a ship from Liverpool—Maxwell and Co., of Liverpool, are the owners—I wanted to know whether the Kingston had brought any news of my son—she had been in the harbour perhaps a fortnight or three weeks when this conversation took place—I had called at Maxwell's, and saw the cash-keeper, and they had no news—they said they supposed the letters had been lost—the last time I saw Captain Cam in Liverpool was last February, twelve months ago.

Q. Did not you go into the Court where his examination was going on? A. I went in, but it was a private hearing, and I walked out again—I did not see Captain Cain there—I did not go into the Court for the purpose of making inquiries about my son—I had been to pay some money, and just coming past it just struck me at the moment—from what I had seen of the prisoner I considered him a very respectable person—it was after I had offered to treat these men that they made use of the expression I haft mentioned—I saw some of them under the archway of the Court, and it was there they made use of the expression, before we went to the public-house—I heard Dodd call the captain a b—b—before I offered to treat them, but from what I had heard stated, I did think it was a cruel act, and I would have treated them at all events—I had heard of it—it was in the papers—

I had not seen any of the crew of the Kingston—anybody could go there who pleased.

Q. Why not go on board during the three weeks and inquire? A. Because I made inquiry of the clerks of the house, and they had told me there was no news—the reason I did not make inquiry on board the Kingston was, the captain of the Bonnington's wife and my wife are very intimate, and she sends us news—the Bonnington Is abroad.

Q. Why not go during the three weeks and make inquiry of the crew? A. Ships come in every day, and it would not do for me to go and inquire every day.

Q. How many other persons were in the public-house? A. The barmaid was in the next room—there was no one in the room where this conversation took place—I mentioned it at the Castle inn, which is a respectable house, where tradesmen meet—it might be about ten days ago—it came out in conversation in the house—I never expected to be called here about it—I named it in the company of several gentlemen three or four days after.

Q. Why not go and find your former acquaintance, Captain Cain, and tell him? A. I had no right to inform him—I did not get any information about my son from these two men—I did not go to the Kingston to make inquiry about my son.

MR. ADOLPHUS. Q. When a vessel comes into the dock are the crew discharged, and the vessel put under the care of lumpers to discharge her? A. Yes—if I had gone to the vessel I might not have found any of the crew there—I had no reason to suppose I should have heard any thing by going on board—if there had been a regular advice from the Bonnington the captain's wife would have told me—I thought these men, coming from Africa, might know something about my son—the language they used it too frequently the common language of seamen.

COURT. Q. When a vessel arrives and the crew are discharged, though the captain does not remain, is not some officer belonging to the vessel left there? A. The chief mate is.

MR. ADOLPHUS. Q. You have been asked when you gave information of this, did you merely inform a personal friend of your own of it, or the attorney for the prisoner? A. It was common conversation at the inn, and I knew nothing of it till I was sent for last Tuesday or Wednesday—I had never seen any of the professional advisers of the prisoner.

  GEORGE MARMADUKE LEES . I am seventeen years old. I was brought up at the Blue-coat-school at Liverpool, and am apprentice to Mr. Horsfall, the owner of the Kingston—I sailed with Captain Cain—on the day this occurred I was in the part of the cabin called the shop, or store-room—the captain told me to tell the steward to pump some rum up quick—the steward did so, and I went back to the shop again—the steward afterwards came down into the cabin—I asked him what he was looking for—he said, "Some tacks, to nail the tin over the bung-hole of the puncheon"—there was a little  Calabar boy helping me at my work, and in consequence of some remark he made to me I looked towards the steward, and saw him put the stopper into the decanter, and put it on the sideboard—the decanter had rum in it—he then went on deck—Captain Cain immediately came down, and in consequence of what he said to me, I told him what I had seen the steward do—the captain ordered me to go and call the steward down—he came down, and I returned to work at the shop—when the steward

went into the cabin, I heard the captain say to him, "What were you doing among the decanters?"—the steward said, "Nothing."

Q. Is it not usual, when any of the persons on board the ship address the captain, to say "Sir" to him? A. Yes—the. steward did not say "Sir"—he merely said, "Nothing," in a saucy manner—the captain said, "You have been drinking out of the decanter"—the steward said he had not—he did not use the word "Sir" then—he did not address the captain as "Sir" during the whole conversation, and his manner was saucy all the way through—the captain said, "Will you tell a barefaced lie to my face?"—the steward said he did not tell a lie—the captain then took up a cat that was alongside the chest, (where it usually was, as the blacks are rather fond of stealing things on board,) and struck him across the shoulders three or four times—the steward then seized him by the knee with his right hand, and by the throat with his left, and said he would be d—if he would be imposed upon, he was a hard-working man—his right hand was at the captain's knee, but he shifted it to his * * * *, and lifted the captain up, holding him in that manner—the steward was a very strong, vigorous man—he then threw the captain down on the chest, and as he fell his bead knocked against the handle of the door—the key was in the key-hole, and it cut his head, and I observed it bleeding very much at the back part of the head, just above the ear, on the right side—the cut was about the size of two joints of my fingers—the steward kept hold of him by the throat, and his right hand also was still in the way I have described, while he was down, and he had his head against the captain's head to keep him down.

Q. When the captain was grasped in this manner by the throat, was he able to speak? A. No—I observed him struggling to try to speak—he was able to get part of a word out—I heard him say, "Kroo," and I went on deck, and called the Kroo boys—I supposed it was the Kroo boys he wanted from that—they were on deck—Walker, Gray, and Bottle-o'-beer came down, and Jack the pilot (not Three-fingered Jack)—I and Jack tried to pull the steward off the captain, but could not—I caught hold of him by one of his legs—Gray laid hold of his head at the same time, and Walker and Bottle-o'-beer laid hold of his body—we were all pulling at him together, and we succeeded at last in making him let go, and pulling him off—I exerted as much strength as I had, and it appeared to me that the others did the same—we got him off directly we all got together—I observed the captain's throat, and there was the print of the steward's hand on it where he had held him—when the captain was relieved he was not able to speak at first, he was gasping—I spoke to him, but he could not speak to me—he was exhausted—I afterwards went upon deck, and saw the steward lying abreast of the cabin-door—when the captain went on deck he mentioned what the steward had done—he told all hands that he had attacked him in his own cabin, and told them the way in which he had done it—there was a little boy called Dogaboo on board—he and the steward were not friends—Dogaboo thought the steward did not give him enough to eat, and he had some dislike to him—the captain ordered the steward to be flogged—he told the Kroo boys to get the cats and flog him, and while they were flogging him, Dogaboo took hold of one of the cats by the lashes and struck the steward across the eyes with the handle of it—it appeared to me to be a violent blow—the steward hallooed out, "Oh my eyes," directly after being struck.

Q. Now, during this, did you ever hear the captain desire any of the

men to kill the steward? A. No—not the whole time—he said, "Pay him well," using violent language—he appeared to be very angry—the flogging lasted about twenty minutes at the most—the captain was not present all the time—he went into the cabin to wash his head—his head was streaming with blood—there was a great deal of blood—the captain did not knock the steward down at any time—I went down stairs with the captain when he went to wash his head—when I went upon deck again I beard Walker say, "Look at that fellow, that be him that killed the steward," pointing to Three-fingered Jack— he is a black man, a native of  Calabar.

Q. How long might you have been below deck with the captain, do you suppose? A. I cannot say—not five minutes—about three or four—I had observed the steward when I was going down, and at that time I can take on myself to say that he was alive—he was rolling about—I saw the shoes the captain had on, they were small shoes, thin soled shoes.

COURT. Q. You know what slippers are; they were not slippers? A. No.

MR. PHILLIPS. Q. It is a very hot climate, I believe? A. Yes—the captain had had those shoes three voyages to Africa before—they are thin soled shoes—not exactly pumps.

Cross-examined by MR. BODKIN. Q. Do you remember going before the Magistrate at Liverpool? A. Yes—I was taken there on the part of the prisoner, and was examined at very great length—I was bound over to appear as a witness here—I left Liverpool on Friday to come to London—I came with Mr. Stathen, the attorney for Captain Cain—I have been living at Wood's Hotel, Holborn, since I have been in London—Mr. Stathen went to the same hotel—he went away on Sunday night, and left me there—Mr. Currie came, and staid there after he left—I do not know whether he is his partner—I was there the first two or three days of this week—I did not know that the Sessions began on Monday—nobody told me that—I have come here to-day for the first time during this session—this is the first time I have been told to come here—I have done as Mr. Currie told me.

Q. When you came up out of the cabin after the steward was taken on. deck, did you not find him lying down on the deck? A. No—he was kneeling down—the Kroo-boys had hold of him—I went out of the cabin before the captain, and stopped when I got to the steps, and then the captain went on forward—the cabin is very nearly on a level with the deck—only three steps down—you can see every thing that takes place on deck, from the cabin-locker—I stopped at the steps for the captain to go on, and I followed him on deck—I stopped by the captain on the starboard side of the steward—the captain was quite close to the steward some times, and at other times a distance off—he told them to pay him well, using violent language—he called him a black son of a b—, and to pay him well—I saw the lead-line brought and cut up—the captain ordered it to be cut up—it was cut into small pieces about two feet long, to make into a cat—they whipped the ends of them, and tied a piece of twine round the ends to keep them from becoming unravelled—the twined end was the end they struck with.

Q. How many men. did you see flogging the steward? A. Six at one time, besides the captain—he was standing by—he was there when. Dogaboo struck the steward over the eyes—whilst the men were flogging the steward, I saw the captain kick him—whenever he could get a chance, he

kicked him—I did not notice where he kicked him every time—he kicked him on the head, and on the face—I cannot say whether he kicked him on the neck—he did on the body—any part he could get at—it did not matter what—that was whilst the men were flogging him as I have described.

Q. Did you cry? A. The tears were in my eyes to see the man getting ill-used so.

Q. Was not the captain on the deck when hand-irons were ordered to be put on the steward? A. Yes, I think he was, but I cannot be sure to that—he ordered them to be put on, and at that time the steward was dying, if not dead.

COURT. Q. Do you mean you thought he was dying, if not dead? A. Yes.

MR. BODKIN. Q. Were you examined by the captains about a month after this? A. Yes, by Captains Hemmingway and Dawson, about two weeks, or so, after—it was not a month.

Q. Now, have you not said that you and all the rest of the men were afraid to tell the truth when you were-examined by the captains? A. Yes, and that was so.

MR. ATTORNEY-GENERAL. Q. Did you or the captain first come on deck? A. The captain, and I was close alongside of him—if he had struck the steward with the butt-end of the cat, and knocked him down, I must have seen it—he did not knock him down, nor strike him with the butt-end of the cat at all—the Kroo-boys knocked him down before the flogging began, and held him down, but he was not knocked down by the butt-end of the cat—he made an attempt to go into the cabin again, where the captain was—he was very violent.

Q. From what you saw, did it appear to you that the captain was in danger from him? A. Yes; I observed the marks of his five fingers on the captain's throat, and his face was a blue colour—Walker was the first Kroo boy that flogged—he was striking, and the others were holding him—five of them were flogging at the same time—Walker, and Bottle-o'-beer let him go a bit, and then they flogged him again—they took his shirt and singlet off, and then let him go for a time.

Q. Before you went down with the captain, what injury did it appear to you the steward had received? A. He was nearly killed before I went down—he could just roll about, but he could not sit up—that was before I went down into the cabin with the captain—the captain got his head dressed—his head was not bleeding much at that time—the blood was getting very hard—I was washing his neck.

Q. When you were below, did the captain see what was going on on deck? A. No; he did not seem to look—he could not see what was going on on deck, from where he was.

COURT. Q. Could you tell from the noise on deck that the beating was going on? A. Yes; any one could hear that.

MR. ATTORNEY-GENERAL. Q. Did the beating continue till you went on deck again? A. No; they had given over before we got on deck again—Three-fingered Jack was on deck when we returned—he was not there when we went below—I did not see him—he is a  Calabar-boy—I heard the steward call for some water before I went below, several times.

Q. Was the captain aware that he had been much hurt when he ordered him to be put in irons? A. I do not know—the captain was in such a

great passion—I heard the order given to send for the surgeon of the Ann to see if he was dead.

(Several respectable witnesses gave the prisoner an excellent character for humanity and good conduct.)

GUILTY . Aged 29.— Confined Two Years.